More than 50 pardons on Perdue's desk as term ends

Published: Saturday, December 15, 2012 at 9:00 a.m.

Last Modified: Friday, December 14, 2012 at 7:08 p.m.

RALEIGH – Members of the Wilmington 10 are the most high-profile seekers of pardons from outgoing Gov. Beverly Perdue this holiday season, but they're not the only ones.

And they're not the only ones with ties to the Wilmington area.

In a handwritten note to the state Office of Executive Clemency in 2011, Taylor Muckerman of Arlington, Va., pleaded for a state pardon from a marijuana possession conviction in New Hanover County in 2004, while he was a sophomore at the University of North Carolina Wilmington. Muckerman, who couldn't be reached, received a 15-day suspended jail sentence and 12 months of probation.

In the letter, Muckerman wrote that he was about to begin his professional career following graduate school and that "this issue will undoubtedly come up."

"I have taken measures to correct my behavior of seven years ago, and I am apologetic and understanding of that behavior," he wrote. "I ask you and your department to please grant me a pardon so that this mistake from my youth does not prevent me from living the life I have worked hard to accomplish."

Muckerman's pardon request is among more than 50 that Gov. Beverly Perdue is considering in the final days of her four-year term as governor. Among the other requests are from members of the Wilmington 10, most of whom were convicted in Pender County on charges of burning property with incendiary device and conspiracy to assault emergency personnel with dangerous weapons. The 1972 convictions were ultimately overturned by a federal appeals court in 1980. The group members are seeking pardons of innocence, which can be granted when individuals are erroneously convicted and sent to prison and later determined to be innocent, according to information of the Office of Executive Clemency's website. A pardon from the governor would also make the Wilmington 10 eligible to apply for compensation of $50,000 per year of incarceration from the state, along with some job training benefits.

Perdue, according to her spokewoman Chris Mackey, has until her successor, Gov.-elect Pat McCrory, is sworn in on Jan. 5 to make decisions about pardons.

Meanwhile, George Derr, 74, who was convicted in the summer of 1957 of two counts of misdemeanor "tampering with auto" in New Hanover County, also wants a pardon. His sentence was "30 days on the road crew," although he said in a phone conversation that he served 23 days and got seven off for good behavior. Derr, who now lives in Virginia, said he worked for decades in the transportation industry – including driving and selling trucks. He said he is divorced and has four children, 11 grandchildren and four great-grandchildren.

A Marine stationed at Camp Lejuene at the time of his arrest, Derr said he was with two people who tried to steal parts from a car but were busted by Wilmington cops. He said he didn't participate in the crime but was with the perpetrators.

"I did nothing wrong," he said. "I was in the wrong place at the wrong time."

Derr said he needs the pardon to help him get his criminal record expunged.

"I hope that after all this time, the governor's going to say, 55 years, he's been a good boy, so let's give him the benefit of the doubt," Derr said.

Derr acknowledged he was convicted of felony breaking and entering after stealing some tools in Pennsylvania in 1962, but he said that conviction was pardoned in that state in 1970. That wasn't independently confirmed. He said he's stayed clean since.

"I was young and stupid," Derr said.

Decades later and now retired, Derr said he has time to pursue the pardon so he doesn't go to the grave with a criminal record.

"It's just one of those things," he said. "I don't want it there. It's 50 years old."

<p>RALEIGH – Members of the Wilmington 10 are the most high-profile seekers of pardons from outgoing Gov. Beverly Perdue this holiday season, but they're not the only ones.</p><p>And they're not the only ones with ties to the Wilmington area.</p><p>In a handwritten note to the state Office of Executive Clemency in 2011, Taylor Muckerman of Arlington, Va., pleaded for a state pardon from a marijuana possession conviction in New Hanover County in 2004, while he was a sophomore at the University of North Carolina Wilmington. Muckerman, who couldn't be reached, received a 15-day suspended jail sentence and 12 months of probation.</p><p>In the letter, Muckerman wrote that he was about to begin his professional career following graduate school and that "this issue will undoubtedly come up."</p><p>"I have taken measures to correct my behavior of seven years ago, and I am apologetic and understanding of that behavior," he wrote. "I ask you and your department to please grant me a pardon so that this mistake from my youth does not prevent me from living the life I have worked hard to accomplish."</p><p>Muckerman's pardon request is among more than 50 that Gov. Beverly Perdue is considering in the final days of her four-year term as governor. Among the other requests are from members of the Wilmington 10, most of whom were convicted in Pender County on charges of burning property with incendiary device and conspiracy to assault emergency personnel with dangerous weapons. The 1972 convictions were ultimately overturned by a federal appeals court in 1980. The group members are seeking pardons of innocence, which can be granted when individuals are erroneously convicted and sent to prison and later determined to be innocent, according to information of the Office of Executive Clemency's website. A pardon from the governor would also make the Wilmington 10 eligible to apply for compensation of $50,000 per year of incarceration from the state, along with some job training benefits. </p><p>Perdue, according to her spokewoman Chris Mackey, has until her successor, Gov.-elect Pat McCrory, is sworn in on Jan. 5 to make decisions about pardons.</p><p>Meanwhile, George Derr, 74, who was convicted in the summer of 1957 of two counts of misdemeanor "tampering with auto" in New Hanover County, also wants a pardon. His sentence was "30 days on the road crew," although he said in a phone conversation that he served 23 days and got seven off for good behavior. Derr, who now lives in Virginia, said he worked for decades in the transportation industry – including driving and selling trucks. He said he is divorced and has four children, 11 grandchildren and four great-grandchildren.</p><p>A Marine stationed at Camp Lejuene at the time of his arrest, Derr said he was with two people who tried to steal parts from a car but were busted by Wilmington cops. He said he didn't participate in the crime but was with the perpetrators.</p><p>"I did nothing wrong," he said. "I was in the wrong place at the wrong time."</p><p>Derr said he needs the pardon to help him get his criminal record expunged. </p><p>"I hope that after all this time, the governor's going to say, 55 years, he's been a good boy, so let's give him the benefit of the doubt," Derr said.</p><p>Derr acknowledged he was convicted of felony breaking and entering after stealing some tools in Pennsylvania in 1962, but he said that conviction was pardoned in that state in 1970. That wasn't independently confirmed. He said he's stayed clean since.</p><p>"I was young and stupid," Derr said.</p><p>Decades later and now retired, Derr said he has time to pursue the pardon so he doesn't go to the grave with a criminal record.</p><p>"It's just one of those things," he said. "I don't want it there. It's 50 years old."</p><p><i></p><p>Patrick Gannon: (919) 854-6115</p><p>On <a href="http://www.starnewsonline.com/section/news41"><b>Twitter</b></a>: @StarNewsPat</i></p>